MADHUMITA MITRA Vs. ANAND JHAWAR

JUDGEMENT

(1.) The complainants/appellants entered into an agreement with a company namely 'Shivalik Deal Mark Pvt. Ltd.' where-under they agreed to purchase a residential flat to be constructed by the said builder, for a total consideration of Rs.55 lacs. An initial payment of Rs.1 lac was made to the complainants. The learned counsel for the complainants states that as per the V schedule th to the agreement, the balance payment of Rs.55 lacs alongwith the deposit as per the VI th Schedule was to be made by 31.03.2016. The complainants sent a legal notice to Anand Jhawar, Director of Shivalik Deal Mark Pvt. Ltd. alleging therein that they had paid Rs.17 lacs to them in cash, for which no receipt had been issued to them. The noticee Mr. Anand Jhawar responded on 07.04.2016 denying the receipt of the said amount of Rs.17 lacs and also revoking the agreement dated 31.12.2015 on account of the complainants having not paid the balance amount of Rs.54 lacs on or before 31.03.2016.

(2.) Being aggrieved from the cancellation of the agreement, the complainants approached the concerned by way of a Consumer Complaint impleading the land owner as well as Mr. Anand Jhawar, Director of Shivalik Deal Mark Pvt. Ltd. and Kolkata Municipal Corporation as the OPs in the complaint.

(3.) The complaint was resisted by the developer Mr. Anand Jhawar who denied having received any cash payment from the complainants and justified the cancellation of the allotment.